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BOLLING v. MERCHANTS & BUSINESS MENS MUT. F. INS. CO.

No. 10.

39 F.Supp. 625 (1941)

BOLLING et al. v. MERCHANTS & BUSINESS MENS MUT. FIRE INS. CO.

District Court, W. D. Virginia, at Big Stone Gap.

July 9, 1941.

Attorney(s) appearing for the Case

R. R. Parker, of Appalachia, Va., for plaintiff.

John J. Wicker, Jr., of Richmond, Va., for defendant.

PAUL, District Judge.

This action was originally instituted in the Circuit Court of Wise County, Virginia, under the notice of motion statute (Va.Code § 6046) and was removed to this court by the defendant upon the ground of diversity of citizenship. The plaintiff has moved to remand upon the ground that the petition to remove was not filed in the state court within the time required by the Federal statute governing removal, 28 U.S.C.A. § 72. This statute...

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